U.S. Bank National Association v Herman
Motion No: 2022-09327
Slip Opinion No: 2023 NY Slip Op 71091(U)
Decided on July 31, 2023
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M290274

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

LILLIAN WAN, JJ.

2022-09327

U.S. Bank National Association, plaintiff-respondent

v Alexander Herman, et al., defendants-respondents,

Benson Park Associates, LLC, appellant.

(Index No. 9335/2014)

DECISION & ORDER ON MOTION

,

Appeal from an order of the Supreme Court, Nassau County, dated October 20, 2022. Motion by the plaintiff-respondent to dismiss the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of an order and judgment (one paper) of the same court dated December 9, 2022.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241).

DUFFY, J.P., CHRISTOPHER, GENOVESI and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court